Supreme Court To Balance Competing Claims For Hospital & Open Prison; Appoints Registrar To Inspect Rajasthan Correctional Home

The Supreme Court on November 25 appointed a Registrar as the "Court Commissioner" for the site inspection of the Sanganer open-air prison in Rajasthan after a contempt petition was filed, alleging that the part of the area allotted to the prison has been taken away by the Rajasthan Government for constructing a 300-bed hospital.

The order adds: "We are also of the considered view that there has to be a balance between the needs of having the Open Correctional Home and also a Hospital, which shall cater to the needs of the citizens residing in the vicinity."

Solicitor General Tushar Mehta (for State of Rajasthan) placed on record the map of the area where the Rajasthan Government intends to construct the hospital. At the outset, he stated that in Sanganer, there is only a 50-bed hospital and the Governing is coming up with a 300-bed hospital.

He submitted that the area marked as 'red' in the map measuring 22232.33 sq meters is where the State Government has proposed to build the hospital.

Whereas, the area marked in 'green' measuring 17,800 sq. meters was the area "originally allotted" to the open jail and there has been no reduction in that, as argued by Mehta.

He stated that in the area marked as red, certain unauthorised structures were constructed by the prison authorities where the inmates are currently residing. In order to pursue the construction in the red area, the State Government has proposed to give an additional area measuring 14,940 sq. meters, marked as 'blue' on the map, for the "widening" of the open prison. Moreover, the construction of inmates in the red area will not be demolished until the blue/green area where the inmates will be relocated.

As provided

Against these submissions, Senior Advocate Dr. S. Muralidhar (representing the petitioner in contempt petition) submitted that the structures in the red area where inmates reside cannot be called "unauthorised" because these were built by the State Government via the jail authorities. He said: "Jail authorities is the State. He [SG] is trying to make a distinction between the State Authorities and the Government and trying to label where prisoners are staying as unauthorised constructions. Very strange arguments. I don't know how States can raise unauthorised constructions."

On this, Justice Gavai stated that they should not go into this aspect. He said: "We have come across so many instances where the State Government has constructed roads on private properties and the orders of High Courts directing compensation has been challenged before this Court. For State of Himachal, we have at least not less than 15-20 matters."

Dr. Muralidhar took the Court through the July 30 letter issued by the Deputy Commissioner of the Jaipur Development Authority in favour of the Director (Public Health) Medical and Health Services (Satelite Hospital), Rajasthan. He stated that the open prison is operated all over the area and there cannot be a clear bifurcation.

Further, he informed that it is not the case of the petitioner that Sanganer does not need a hospital. However, the hospital needs not to be built in an area from where the prison has been utilised for almost six decades. Dr. Muralidhar said: "I am been told that there is enough land in and around the whole city [for the construction of the hospital]."

However, Mehta questioned the locus of the petitioner. He said: "Sanganer is the constituency of the Chief Minister...Prisoners are only a facade."

Based on all these arguments, the Court has directed the Court Commissioner to submit the report on:

a. As to the areas of the structures constructed on the red areas.

b. As to whether the said structures can be suitably relocated in the green/blue area.

Case Details: Suhas Chakma v. Union of India & Ors., Writ Petition (C) No.1082/2020

Appearances: Senior Advocate K. Parameshwar. (amicus curiae), Senior Advocate Dr. S. Muralidhar (representing petitioner in contempt petition), and Solicitor General Tushar Mehta for Union of India

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